SHAMSHER SINGH SAINI Vs. SURESH DHAWAN

JUDGEMENT

(1.) THE petitioner is the plaintiff in the suit for possession by way of specific performance of a contract brought on the basis of an agreement to sell suit property executed by the predecessor of the defendant in favour of the plaintiff. The plaintiff had closed his evidence. On his turn, the defendant had availed six effective opportunities including the last opportunity granted to conclude his evidence on 20th March, 2014. While the defendant was taking time again and again to produce his evidence and was unable to do so, in the meanwhile the plaintiff's application for production of additional evidence was allowed and PW4 was examined on 19th March, 2014 and the evidence of the plaintiff was closed by order and the case adjourned to the next day for defendant's evidence. A copy of the zimni order dated 19th March, 2014 was produced before me on the asking of the court. Since it was not on file the same has been taken on record on oral request of counsel.

(2.) ON 20th March, 2014, DW Suresh Dhawan -Defendant No 1 was present for cross -examination and his testimony could have been recorded but for an adjournment sought by him on the ground that he wants to produce the death certificate of his aunt but was unable to procure it since her son was not in town. This request has been rejected vide order dated 20th March, 2014 and the defendant's evidence stands closed by Court order and the case posted for rebuttal evidence.

(3.) THE defendant is not yet before this Court questioning the correctness of the order closing evidence. The result is that the crossexamination of DW Suresh Dhawan was not recorded.